Legal Opinion

Dyer v. McPhee

Supreme Court of Colorado

Decided April 15, 1882PublishedCited by 21 opinions

Appeal from District Court of Arapahoe County. On the trial of this cause in the court below the plaintiff, to maintain the issue on his part, produced as. a witness: Timothy Dyer, who, being sworn, testified: Am one of the defendants; recollect the bond executed! by O’Connor as principal, and myself and Murrin as sureties, to the lodge. The bond was afterwards delivered up to us by McPhee.

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Appeal from District Court of Arapahoe County. On the trial of this cause in the court below the plaintiff, to maintain the issue on his part, produced as. a witness: Timothy Dyer, who, being sworn, testified: Am one of the defendants; recollect the bond executed! by O’Connor as principal, and myself and Murrin as sureties, to the lodge. The bond was afterwards delivered up to us by McPhee. Q. What became of that bond ? A. I paid McPhee $880, and he handed me the bond and I destroyed it. Plaintiff moves that outside of the statement of the' destruction of the bond, the answer be stricken out.…

1Opinion of the Court

Elbeet, O. J.

Of the nineteen assignments of error, we will notice in their order those we regard as worthy of attention.(1) The plaintiff’s demurrer to the amended answer was properly sustained.

The executed promise of the plaintiff McPhee to secure the acceptance by the Odd Fellows’ lodge of another bond, executed by himself and others, in lieu of the bond' upon which the defendants were sureties, and the delivery of this bond to defendants, at the instance and request of the defendant, was a sufficient consideration to support the promise of the defendants to pay McPhee the. $880 sued for.

Tha…

2Cases cited1 opinion

  1. Clark v. SigourneySupreme Court of Connecticut · 1846

3Cited by21 opinions

  1. Salazar v. TaylorSupreme Court of Colorado · 1893
  2. Gertner v. Limon National BankSupreme Court of Colorado · 1927
  3. Western Federal Savings & Loan Ass'n v. National Homes Corp.Supreme Court of Colorado · 1968
  4. Anthony v. SlaydenSupreme Court of Colorado · 1900
  5. Rucker v. BollesCourt of Appeals for the Eighth Circuit · 1897

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